Patna High Court

Mahsar AlamversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Mahsar Alam, was charged under Sections 137(2), 96, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 for allegedly kidnapping the daughter of an informant. He contended that the accusation was false and that the victim, a 16‑year‑old girl, had voluntarily gone to Delhi, married him, and later withdrew her complaint, as recorded under Section 183 of the B.N.S.S. The petitioner highlighted that the lower court had erroneously noted a rape allegation, which was not present in the charge sheet, and that he had been in custody since 17‑10‑2025 with no prior criminal record. The State opposed the bail on the ground of the seriousness of the offences. After considering the victim’s voluntary statement, the lack of a rape charge, and the petitioner’s clean record, the High Court ordered his release on regular bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges of kidnapping and related offences
Whether the alleged error regarding a rape charge affects the bail decision
Whether the victim’s voluntary statement under Section 183 B.N.S.S. negates the prosecution’s case

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 351(2), 352, 96

Subjects

regular bail
kidnapping
false implication
victim statement
minor
criminal procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 2685 of 2026
                   Arising Out of PS. Case No.-105 Year-2025 Thana- PAHARKATTA District- Kishanganj
                 ======================================================
                 Mahsar Alam S/O Asgar Alam Resident of Village- Halda Gaon, Ward No.
                 14, P.S.- Paharkatta, Dist.- Kishanganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ibrahim S/O late Maniruddin Resident of Village- Halda Gaon, Ward No. 14,
                 P.S.- Paharkatta, Dist.- Kishanganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Radha Mohan Singh, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Paharkatta P.S.

                   Case No. 105 of 2025 dated 24-08-2025, registered under

                   Sections 137(2), 96, 351(2), 352 of Bharatiya Nyaya Sanhita

                   2023.

                                3. The allegation against the petitioner is that he

                   kidnapped the daughter of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that the statement of the

                   victim has been recorded under Section 183 of the B.N.S.S.
Patna High Court CR. MISC. No. 2685 of 2026(3) dt.01-04-2026
                                             2/3




          wherein, she has categorically stated that she had gone to Delhi

          of her own free will, without informing her family members and

          had solemnized marriage with the petitioner. She has further

          stated that after coming to know about the false case lodged by

          her parents, she returned and has in the last stated that she is not

          willing to go to her parental house. It is also submitted that at

          the time of recording her statement the learned Magistrate

          assessed her age to be 16 years, 3 months and 27 days on the

          basis of her matriculation certificate. Learned counsel for the

          petitioner draws the attention of the Court towards the

          impugned order dated 25.11.2025 passed in Bail Petition No.

          359 of 2025, whereby the prayer for bail of the petitioner has

          been rejected and submits that the learned District & Additional

          Sessions Judge-I, Kishanganj has erroneously recorded that

          there is an allegation of rape against the petitioner, which is a

          clear error apparent on the face of the record. Lastly, it is

          submitted that the petitioner has been in custody since

          17.10.2025 and has no criminal antecedents.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let
           Patna High Court CR. MISC. No. 2685 of 2026(3) dt.01-04-2026
                                                        3/3




                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs.10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned S.D.J.M. Kishanganj, in

                     connection with Paharkatta P.S. Case No. 105 of 2025.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U

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